Suffering through a personal injury is a challenging ordeal. The physical pain of the injury alone is exhausting, let alone the medical, financial, and legal consequences that follow. Staying on top of your legal recovery on your own could be overbearing without guidance and support.
If you suffered an injury and are seeking relief, a Chandler personal injury lawyer might be able to help you gain insight into your case. Reach out today and find out all of the ways that a seasoned personal injury attorney might be able to help your recovery efforts.
Personal injury cases could be divided into categories. One of those categories is torts. When someone commits a tort, or civil wrong, that harms another person, they could be civilly liable. Torts could be committed intentionally or unintentionally.
Unintentional torts are commonly referred to as negligent acts or negligence. Negligence holds people liable for causing personal injuries to another person when they act negligently. When someone pursues a personal injury claim in Chandler based on negligence, they must prove four elements. The first element requires that the defendant owed a duty of care to the plaintiff at the time of the accident. Unless another duty of care applies, people owe others a duty to act as a reasonable person under the circumstances.
The second element is known as a breach and requires that the defendant fail to uphold their duty of care. Under the third element, causation, the plaintiff must show that the defendant proximately and actually caused their injuries. Proximate cause occurs when the defendant’s negligent conduct is reasonably related to the defendant’s injuries. In other words, no superseding events other than the defendant’s conduct caused the plaintiff’s injury. The actual cause is present if but for the defendant’s negligence, the plaintiff would not have suffered an injury. The fourth and final element requires that the plaintiff’s harm be compensable by damages in court.
The difference between an intentional tort and an unintentional tort is the state of mind of the defendant. Intentional torts are carried out by the defendant with the intent, purpose, or knowledge that harm would result to the plaintiff.
A defendant who commits an intentional tort may be a civil liability and criminally liable simultaneously for the same act. The following is a list of common intentional torts:
Prior to filing a personal injury lawsuit in Chandler, injured parties may have the opportunity to settle their claim. Typically, plaintiffs first send a demand letter to the defendant, setting out the facts of the case and how much the plaintiff feels they are entitled to based on their injuries. A defendant might settle the case then and there, but they could refuse, in which case legal action might be necessary.
After filing the personal injury case within the two-year statute of limitations under Arizona Revised Statutes §12-542, plaintiffs might be able to settle their case during the pleadings phase, discovery phase, or even during the trial phase. If no settlement is reached, a jury or judge would render a verdict and issue a damage award to the plaintiff, if successful. A dedicated personal injury lawyer in Chandler could help one file a claim promptly and recover damages.
There could be a variety of obstacles preventing you from pursuing your personal injury claim. Personal injury issues are often complex and could require legal knowledge and experience gathering witnesses, evidence, and formulating legal arguments in order to bring a claim for personal injuries successfully.
A dedicated Chandler personal injury lawyer could study the facts of your case and help you develop a plan for recovery. They could help you stay informed throughout the process, and advocate zealously for your right to recovery. Contact Goldwater Law Firm at 602-502-6000 or fill our online form to schedule a free case evaluation.